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The following procedures will be
followed with respect to the impositions and collection of fines for
any Member in violation of the Declaration of Protective Covenants,
Conditions and Restrictions.
(a) The
Member will be notified in writing of the violation by an Association
officer, or by a member of the Architectural Control Committee. The
Member will be given a deadline by which to correct the violation.
(b) If
the violation has not been corrected by expiration of the deadline, and
no plan for correcting the violation acceptable to the Board of
Directors has been submitted prior to expiration of the deadline, the
Member will be given notice by certified mail, return receipt requested,
that a continuing fine the amount of FIVE DOLLARS and NO/100 ($5.00) per
day shall be imposed unless the violation is cured within 30 days from
the date of mailing of the certified letter, and that the accrued fine
shall be a continuing lien against the Member’s lot. The certified
letter shall also state that the Member has the opportunity, during the
30 day period to contact the Association to request an opportunity to be
heard before a member of the Board of Directors, or its appointed
representative, should he/she feel that they are not in violation of the
Covenants. The Board of Directors or its appointed representative will
notify the Member of its decision within fourteen (14) days of the
hearing date. No fine will accrue pending said decision.
(c) Said
fine once imposed, shall continue to accrue on a daily basis until the
violation is corrected to the satisfaction of the Board of Directors or
its appointed representative. If the fine amount reaches $1,000.00, and
the Member refused to pay the fine within 30 days after notification of
the amount owing, the Association may bring an action to foreclose the
lien against the Member’s property, and interest, costs and reasonable
attorneys’ fees of any such action shall be added to the amount of such
fine so imposed.
(d) The
above described fine procedure shall not constitute a waiver of any
other remedies available to the Association pursuant to the Wellington
Ridge Declaration of Protective Covenants, Conditions, and Restrictions,
and by law, with respect to enforcement of Protective Covenants and
collection of assessments and fines.
DISSOLUTION
In the event of
dissolution of the Association, the property and assets after all of its
debts have been paid shall be distributed as provided for in the
Articles of Incorporation.
*Voted on and approved at the first HOA
meeting 4/20/1998 after the homeowners took over management of the
HOA from Silver Rim Associates. |